Legal analyst: Jurors left with big questions as state prepares to rest its case in Potter trial

The state is expected to rest its case Thursday in the trial of former Brooklyn Center Officer Kimberly Potter.

Prosecutors left the jury with memories of Daunte Wright. His father, Arbuey Wright, took the stand late Wednesday afternoon.

“We had a close relationship,” he said tearfully, as prosecutors showed the jury a photo of the father and son. “I miss him a lot, every day.”

Wright described family cookouts, working as his son’s boss at Famous Footwear, and watching his son become a father himself.

“I was so happy for him because he was so happy,” said Arbuey Wright. “He was so happy about [Daunte] Junior.”

After the jury left the courtroom for the day, the state indicated its case is coming to a close. Joshua Larson, with the Attorney General’s team, told Judge Chu they anticipate they’ll rest on Thursday.

“They started and ended their case with a reminder to the jury of Daunte Wright’s humanity,” said Rachel Moran, an associate professor at the University of St. Thomas School of Law. “I think that they are, if nothing else, trying to remind the jury to take this very seriously and to take the loss of life very, very seriously. The principle of primacy and recency – start and end with what people are going to remember.”

Throughout the six days of testimony so far, the defense has focused its cross-examination on whether Potter was justified in using her gun. Former Brooklyn Center Police Sergeant, Mychal Johnson, testified Potter would’ve had a right to use her firearm.

“It is surprised me all along how much this the defense has made that as a central part of their defense,” said Moran. “One of the reasons I’m surprised is because Kim Potter herself on that body camera so obviously knows she has done something terrible the moment she realizes she has shot him.”

On Wednesday, the state’s use of force expert Seth Stoughton shared a different opinion than Johnson. Stoughton is a former Tallahassee Police Department officer and is currently a professor of law, and an associate professor of criminology and criminal justice, at the University of South Carolina.

He told jurors, “The use of deadly force was excessive, that is disproportionate to the threat presented.”

Stoughton reiterated that position during cross-examination from defense attorney Earl Gray.

Assistant Attorney General Matthew Frank also asked Stoughton about Taser use.

Frank said, “Do you have an opinion to a reasonable degree of professional certainty on whether it was reasonable for an officer in Officer Potter’s position to decide to use a Taser when she grabbed her gun instead and shot Mr. Wright?”

Stoughton responded yes and explained, “The use of a Taser under the circumstances was unreasonable and inconsistent with generally accepted practices. If the Taser had not been successful in achieving neuromuscular incapacitation, and just resulted in pain, it’s highly likely to just incentivize Mr. Wright to flee, the exact opposite of what it was apparently intended to address. If it was successful in achieving neuromuscular incapacitation, it created the potential to turn the vehicle into an unguided hazard.”

We asked Moran about his testimony.

“This was the clearest we heard about the use of force being inappropriate,” she said.

Still, Moran said the jury is left with questions.

“This big question of how should a police officer have acted in this situation? And was Kim Potter reckless when she pulled out a gun instead of a Taser?” said Moran. “I don’t know how a jury will answer that question.”

She added, “I’m sure the state wants them to have a more definitive picture but the state is also very, very familiar with the strengths and weaknesses in its evidence […] The state knows this is not an open and shut case so I think it probably played out quite a bit like they expected, with the possible exception of Sergeant Johnson volunteering that he thought Kim Potter was justified in using her gun. That’s probably the one wrinkle that they may not have expected.”

The defense plans to call to the stand three character witnesses: Former Brooklyn Center Police Chief Timothy Gannon, a use of force expert, and at least one police officer.

The most highly anticipated witness is Potter.

“The typical strategy would be to have her go last but the defense has been so open about the fact that she’s testifying that it’s possible they will start off with her [Thursday] morning,” said Moran.